STATUTORY RULES.
1951. No. .
REGULATION UNDER THE PATENTS ACT 1903-1950.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Patents Act 1903-1950.
Dated this fifteenth
day of June , 1951.
Governor-General.
By His Excellency’s Command,
Attorney-General.
Amendments of the Patents Regulations, 1912.†
First Schedule.
The First Schedule to the Patents Regulations, 1912 is amended—
(a) by omitting item 38 and inserting in its stead the following item :—
“ 38. For copies of or extracts from the Register of Patents, deeds or documents in the Patent Office or printed specifications (other than, out-of-print Commonwealth specifications) and abridgments of all printed specifications in the Patent Office Library as provided for in regulation 145a— | | | | |
Per sheet .. | 0 | 2 | 0 | ”; and |
(b) by omitting item 40 and inserting in its stead the following item:—
“ 40. For copies of out-of-print Commonwealth printed specifications— | | | | |
Per copy................... | 0 | 2 | 6 | ”. |
* Notified in the Commonwealth Gazette on , 1951.
† Statutory Rules 1912, No. 76. as amended by Statutory Rules 1913, No. 310 ; 1914, No. 69 ; 1915, No. 267 ; 1916, Nos. 45 and 162 ; 1918, No. 142 ; 1919, Nos. 14, 30, and 239 ; 1920, No. 137 ; 1923, Nos. 79 and 139 ; 1924, No. 115 ; 1930, No. 148 ; 1931, Nos. 88 and 147 ; 1932, Nos. 30 and 69 ; 1933 Nos. 52, 57 and 90 ; 1934, Nos. 39 and 134 ; 1935, Nos. 23, 45, 67 and 90 ; 1936, No. 89 ; 1937. Nos. 19, 50 and 101 ; 1939, No. 1 ; 1940, No. 198 ; 1941, Nos. 198 and 240 ; 1945, No. 197 ; 1946, Nos. 91 and 140 ; and 1949, Nos. 36 and 89.
By Authority : L. P. Johnston, Commonwealth Government Printer, Canberra.
1372.—Price 3d. 9/5.4.1951.
Overview
Statutory Rules 1951, No. 51, made under the Patents Act 1903-1950, was enacted to provide amendments to the Patents Regulations of 1912, specifically addressing the fees for obtaining copies or extracts from the Register of Patents, deeds, documents, printed specifications, and abridgments held in the Patent Office. The Regulations were made by the Governor-General in and over the Commonwealth of Australia, acting on the advice of the Federal Executive Council. This legislative instrument was designed to streamline the administrative processes associated with accessing patent-related information and documents, thereby facilitating the efficient operation of the patent system and ensuring that users are charged appropriately for the services provided.
Scope and Application
The Statutory Rules of 1951, No. 51, made under the Patents Act 1903-1950, specifically amend the Patents Regulations of 1912. These regulations govern the fees for obtaining various documents related to patents from the Patent Office. The amendments pertain to the fees for copies of or extracts from the Register of Patents, deeds or documents in the Patent Office, printed specifications, and abridgments of printed specifications in the Patent Office Library. The regulation sets the fee for per sheet of these documents at 20 shillings and for copies of out-of-print Commonwealth printed specifications at 26 shillings per copy. This legislative instrument applies to all persons and entities seeking patent-related documents from the Patent Office, thereby impacting industries and individuals involved in patent registration and intellectual property management. The jurisdictional reach of these regulations is confined to the Commonwealth of Australia, as they are made under federal legislation. There are no stated exclusions, exemptions, or thresholds in these regulations, and they do not extend or restrict application through subordinate instruments.
Key Provisions
The primary operative sections of the Statutory Rules of 1951, No. 51 (the "Regulation") amend the First Schedule to the Patents Regulations, 1912. Specifically, item 38 is replaced with a new provision that sets a fee of 20 shillings per sheet for copies of or extracts from the Register of Patents, deeds or documents in the Patent Office, or printed specifications (excluding out-of-print Commonwealth specifications) and abridgments of all printed specifications in the Patent Office Library, as provided for in regulation 145a (First Schedule (a)). Additionally, item 40 is replaced, setting a fee of 26 shillings per copy for out-of-print Commonwealth printed specifications (First Schedule (b)). These changes reflect updated fees for accessing patent-related documents and information.
The Regulation imposes obligations on individuals and entities seeking to obtain copies of patent-related documents and information. These obligations include paying the specified fees as outlined in the amended First Schedule. For example, a person or entity wishing to obtain a copy of a printed specification must pay 20 shillings per sheet if the specification is in print, or 26 shillings per copy if the specification is out-of-print and a Commonwealth publication. This ensures that the Patent Office can maintain and provide access to its records in an orderly and financially sustainable manner.
Failure to comply with the fee requirements stipulated in the Regulation may lead to civil or administrative consequences. While the Regulation itself does not explicitly detail penalties for non-compliance, it is reasonable to infer that any breaches of the specified fees could result in refusal of service or other administrative actions by the Patent Office. Additionally, persistent non-compliance could potentially lead to more severe consequences under the overarching Patents Act 1903-1950, although specific penalties are not outlined in the Regulation.